83_FR_31276 83 FR 31148 - Announcement of Financial Sector Liabilities

83 FR 31148 - Announcement of Financial Sector Liabilities

FEDERAL RESERVE SYSTEM

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31148-31149
FR Document2018-14241

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31148-31149]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14241]


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FEDERAL RESERVE SYSTEM

[Docket No. OP-1612]


Announcement of Financial Sector Liabilities

    Section 622 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, implemented by the Board's Regulation XX, prohibits a 
merger or acquisition that would result in a financial company that 
controls more than 10 percent of the aggregate consolidated liabilities 
of all financial companies (``aggregate financial sector 
liabilities''). Specifically, an insured depository institution, a bank 
holding company, a savings and loan holding company, a foreign banking 
organization, any other company that controls an insured depository 
institution, and a nonbank financial company designated by the 
Financial Stability Oversight Council (each, a ``financial company'') 
is prohibited from merging or consolidating with, acquiring all or 
substantially all of the assets of, or acquiring control of, another 
company if the resulting company's consolidated liabilities would 
exceed 10 percent of the aggregate financial sector liabilities.\1\
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    \1\ 12 U.S.C. 1852(a)(2), (b).
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    Pursuant to Regulation XX, the Federal Reserve will publish the 
aggregate financial sector liabilities by July 1 of each year. 
Aggregate financial sector liabilities equals the average of the year-
end financial sector liabilities figure (as of December 31) of each of 
the preceding two calendar years.

FOR FURTHER INFORMATION CONTACT: Sean Healey, Supervisory Financial 
Analyst, (202) 912-4611; Matthew Suntag, Counsel, (202) 452-3694; for 
the hearing impaired, TTY (202) 263-4869.

Aggregate Financial Sector Liabilities

    Aggregate financial sector liabilities is equal to 
$20,283,121,945,000.\2\ This measure is in effect from July 1, 2018 
through June 30, 2019.
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    \2\ This number reflects the average of the financial sector 
liabilities figure for the year ending December 31, 2016 
($20,079,196,276,000) and the year ending December 31, 2017 
($20,487,047,614,000).
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Calculation Methodology

    Aggregate financial sector liabilities equals the average of the 
year-end financial sector liabilities figure (as of December 31) of 
each of the preceding two calendar years. The year-end financial sector 
liabilities figure equals the sum of the total consolidated liabilities 
of all top-tier U.S. financial companies and the U.S. liabilities of 
all top-tier foreign financial companies, calculated using the 
applicable methodology for each financial company, as set forth in 
Regulation XX and summarized below.
    Consolidated liabilities of a U.S. financial company that was 
subject to consolidated risk-based capital rules as of December 31 of 
the year being measured, equal the difference between its risk-weighted 
assets (as adjusted upward to reflect amounts that are deducted from 
regulatory capital elements pursuant to the Federal banking agencies' 
risk-based capital rules) and total regulatory capital, as calculated 
under the applicable risk-based capital rules. Companies in this 
category include (with certain exceptions listed below) bank holding 
companies, savings and loan holding companies, and insured depository 
institutions. The Federal Reserve used information collected on the 
Consolidated Financial Statements for Holding Companies (FR Y-9C) and 
the Bank Consolidated Reports of Condition and Income (Call Report) to 
calculate liabilities of these institutions.
    Consolidated liabilities of a U.S. financial company not subject to 
consolidated risk-based capital rules as of December 31 of the year 
being measured, equal liabilities calculated in accordance with 
applicable accounting standards. Companies in this category include 
nonbank financial companies supervised by the Board, bank holding 
companies and savings and loan holding companies subject to the Federal 
Reserve's Small Bank Holding Company Policy Statement, savings and loan 
holding companies substantially engaged in insurance underwriting or 
commercial activities, and U.S. companies that control insured 
depository institutions but are not bank holding companies or savings 
and loan holding companies. ``Applicable accounting standards'' is 
defined as GAAP, or such other accounting standard or method of 
estimation that the Board determines is appropriate.\3\ The Federal 
Reserve used information collected on the FR Y-9C, the Parent Company 
Only Financial Statements for Small Holding Companies (FR Y-9SP), and 
the Financial Company Report of Consolidated Liabilities (FR XX-1) to 
calculate liabilities of these institutions.
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    \3\ A financial company may request to use an accounting 
standard or method of estimation other than GAAP if it does not 
calculate its total consolidated assets or liabilities under GAAP 
for any regulatory purpose (including compliance with applicable 
securities laws). 12 CFR 251.3(e). In previous years, the Board 
received and approved requests from eleven financial companies to 
use an accounting standard or method of estimation other than GAAP 
to calculate liabilities. Ten of the companies are insurance 
companies that report financial information under Statutory 
Accounting Principles (``SAP''), and one is a foreign company that 
controls a U.S. industrial loan company that reports financial 
information under International Financial Reporting Standards 
(``IFRS''). For the insurance companies, the Board approved a method 
of estimation that was based on line items from SAP-based reports, 
with adjustments to reflect certain differences in accounting 
treatment between GAAP and SAP. For the foreign company, the Board 
approved the use of IFRS. These companies continue to use the 
previously approved methods. The Board did not receive any new 
requests this year.
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    Section 622 provides that the U.S. liabilities of a ``foreign 
financial company'' equal the risk-weighted

[[Page 31149]]

assets and regulatory capital attributable to the company's ``U.S. 
operations.'' Under Regulation XX, liabilities of a foreign banking 
organization's U.S. operations are calculated using the risk-weighted 
asset methodology for subsidiaries subject to risk-based capital rules, 
plus the assets of all branches, agencies, and nonbank subsidiaries, 
calculated in accordance with applicable accounting standards. 
Liabilities attributable to the U.S. operations of a foreign financial 
company that is not a foreign banking organization are calculated in a 
similar manner to the method described for foreign banking 
organizations, but liabilities of a U.S. subsidiary not subject to 
risk-based capital rules are calculated based on the U.S. subsidiary's 
liabilities under applicable accounting standards. The Federal Reserve 
used information collected on the Capital and Asset Report for Foreign 
Banking Organizations (FR Y-7Q), the FR Y-9C and the FR XX-1 to 
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calculate liabilities of these institutions.

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Director of Supervision and Regulation 
under delegated authority, June 27, 2018.
Ann Misback,
Secretary of the Board.
[FR Doc. 2018-14241 Filed 7-2-18; 8:45 am]
 BILLING CODE P



                                                31148                            Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices

                                                and regulations and also discusses                       companies (‘‘aggregate financial sector                  rules) and total regulatory capital, as
                                                consumer disclosures that financial                      liabilities’’). Specifically, an insured                 calculated under the applicable risk-
                                                institutions typically provide as a                      depository institution, a bank holding                   based capital rules. Companies in this
                                                standard business practice. Certain                      company, a savings and loan holding                      category include (with certain
                                                portions of the guidance are                             company, a foreign banking                               exceptions listed below) bank holding
                                                ‘‘information collections’’ subject to the               organization, any other company that                     companies, savings and loan holding
                                                PRA’s requirements.                                      controls an insured depository                           companies, and insured depository
                                                   Legal authorization and                               institution, and a nonbank financial                     institutions. The Federal Reserve used
                                                confidentiality: The information                         company designated by the Financial                      information collected on the
                                                collection is authorized pursuant to                     Stability Oversight Council (each, a                     Consolidated Financial Statements for
                                                section 11 of the Federal Reserve Act, 12                ‘‘financial company’’) is prohibited from                Holding Companies (FR Y–9C) and the
                                                U.S.C. 248 (state member banks);                         merging or consolidating with,                           Bank Consolidated Reports of Condition
                                                sections 25 and 25A of the Federal                       acquiring all or substantially all of the                and Income (Call Report) to calculate
                                                Reserve Act, 12 U.S.C. 625 (Edge and                     assets of, or acquiring control of,                      liabilities of these institutions.
                                                Agreement corporations); section 5 of                    another company if the resulting                            Consolidated liabilities of a U.S.
                                                the Bank Holding Company Act of 1956,                    company’s consolidated liabilities                       financial company not subject to
                                                12 U.S.C. 1844 (bank holding companies                   would exceed 10 percent of the                           consolidated risk-based capital rules as
                                                and, in conjunction with section 8 of the                aggregate financial sector liabilities.1                 of December 31 of the year being
                                                International Banking Act, 12 U.S.C.                        Pursuant to Regulation XX, the                        measured, equal liabilities calculated in
                                                3106, foreign banking organizations);                    Federal Reserve will publish the                         accordance with applicable accounting
                                                section 7(c) of the International Banking                aggregate financial sector liabilities by                standards. Companies in this category
                                                Act of 1978, 12 U.S.C. 3105(c) (branches                 July 1 of each year. Aggregate financial                 include nonbank financial companies
                                                and agencies of foreign banks); and                      sector liabilities equals the average of                 supervised by the Board, bank holding
                                                section 10 of the Home Owners’ Loan                      the year-end financial sector liabilities                companies and savings and loan
                                                Act, 12 U.S.C. 1467a, (savings and loan                  figure (as of December 31) of each of the                holding companies subject to the
                                                holding companies). This guidance is                     preceding two calendar years.                            Federal Reserve’s Small Bank Holding
                                                voluntary.                                               FOR FURTHER INFORMATION CONTACT:                         Company Policy Statement, savings and
                                                   Because the documentation required                    Sean Healey, Supervisory Financial                       loan holding companies substantially
                                                by the guidance is maintained by each                    Analyst, (202) 912–4611; Matthew                         engaged in insurance underwriting or
                                                institution, the Freedom of Information                  Suntag, Counsel, (202) 452–3694; for the                 commercial activities, and U.S.
                                                Act (FOIA) would only be implicated if                   hearing impaired, TTY (202) 263–4869.                    companies that control insured
                                                the Federal Reserve’s examiners                                                                                   depository institutions but are not bank
                                                                                                         Aggregate Financial Sector Liabilities                   holding companies or savings and loan
                                                retained a copy of this information as
                                                part of an examination or as part of its                   Aggregate financial sector liabilities is              holding companies. ‘‘Applicable
                                                supervision of a financial institution.                  equal to $20,283,121,945,000.2 This                      accounting standards’’ is defined as
                                                However, records obtained as a part of                   measure is in effect from July 1, 2018                   GAAP, or such other accounting
                                                an examination or supervision of a                       through June 30, 2019.                                   standard or method of estimation that
                                                financial institution are exempt from                                                                             the Board determines is appropriate.3
                                                                                                         Calculation Methodology
                                                disclosure under FOIA exemption (b)(8)                                                                            The Federal Reserve used information
                                                                                                            Aggregate financial sector liabilities                collected on the FR Y–9C, the Parent
                                                (5 U.S.C. 552(b)(8)). In addition, the                   equals the average of the year-end
                                                information may also be kept                                                                                      Company Only Financial Statements for
                                                                                                         financial sector liabilities figure (as of               Small Holding Companies (FR Y–9SP),
                                                confidential under exemption 4 of the                    December 31) of each of the preceding
                                                FOIA which protects commercial or                                                                                 and the Financial Company Report of
                                                                                                         two calendar years. The year-end                         Consolidated Liabilities (FR XX–1) to
                                                financial information obtained from a                    financial sector liabilities figure equals               calculate liabilities of these institutions.
                                                person that is privileged or confidential                the sum of the total consolidated                           Section 622 provides that the U.S.
                                                (5 U.S.C. 552(b)(4)).                                    liabilities of all top-tier U.S. financial               liabilities of a ‘‘foreign financial
                                                  Board of Governors of the Federal Reserve              companies and the U.S. liabilities of all                company’’ equal the risk-weighted
                                                System, June 28, 2018.                                   top-tier foreign financial companies,
                                                Michele Taylor Fennell,                                  calculated using the applicable                             3 A financial company may request to use an

                                                Assistant Secretary of the Board.                        methodology for each financial                           accounting standard or method of estimation other
                                                                                                         company, as set forth in Regulation XX                   than GAAP if it does not calculate its total
                                                [FR Doc. 2018–14303 Filed 7–2–18; 8:45 am]                                                                        consolidated assets or liabilities under GAAP for
                                                BILLING CODE 6210–01–P
                                                                                                         and summarized below.                                    any regulatory purpose (including compliance with
                                                                                                            Consolidated liabilities of a U.S.                    applicable securities laws). 12 CFR 251.3(e). In
                                                                                                         financial company that was subject to                    previous years, the Board received and approved
                                                                                                                                                                  requests from eleven financial companies to use an
                                                FEDERAL RESERVE SYSTEM                                   consolidated risk-based capital rules as                 accounting standard or method of estimation other
                                                                                                         of December 31 of the year being                         than GAAP to calculate liabilities. Ten of the
                                                [Docket No. OP–1612]                                     measured, equal the difference between                   companies are insurance companies that report
                                                                                                         its risk-weighted assets (as adjusted                    financial information under Statutory Accounting
                                                Announcement of Financial Sector                                                                                  Principles (‘‘SAP’’), and one is a foreign company
                                                                                                         upward to reflect amounts that are
                                                Liabilities                                                                                                       that controls a U.S. industrial loan company that
                                                                                                         deducted from regulatory capital                         reports financial information under International
                                                   Section 622 of the Dodd-Frank Wall                    elements pursuant to the Federal
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                                                                                                                                                                  Financial Reporting Standards (‘‘IFRS’’). For the
                                                Street Reform and Consumer Protection                    banking agencies’ risk-based capital                     insurance companies, the Board approved a method
                                                                                                                                                                  of estimation that was based on line items from
                                                Act, implemented by the Board’s                                                                                   SAP-based reports, with adjustments to reflect
                                                Regulation XX, prohibits a merger or                          1 12
                                                                                                                U.S.C. 1852(a)(2), (b).                           certain differences in accounting treatment between
                                                                                                              2 This
                                                                                                                   number reflects the average of the financial   GAAP and SAP. For the foreign company, the Board
                                                acquisition that would result in a
                                                                                                         sector liabilities figure for the year ending            approved the use of IFRS. These companies
                                                financial company that controls more                     December 31, 2016 ($20,079,196,276,000) and the          continue to use the previously approved methods.
                                                than 10 percent of the aggregate                         year ending December 31, 2017                            The Board did not receive any new requests this
                                                consolidated liabilities of all financial                ($20,487,047,614,000).                                   year.



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                                                                                 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices                                                   31149

                                                assets and regulatory capital attributable               Management and Budget, New                            credit information, 2.5 hours; Record
                                                to the company’s ‘‘U.S. operations.’’                    Executive Office Building, Room 10235,                retention (applications, actions, and
                                                Under Regulation XX, liabilities of a                    725 17th Street NW, Washington, DC                    prescreened solicitations), 8 hours;
                                                foreign banking organization’s U.S.                      20503 or by fax to (202) 395–6974.                    Information for monitoring purposes,
                                                operations are calculated using the risk-                SUPPLEMENTARY INFORMATION: On June                    0.25 hours; Rules on providing appraisal
                                                weighted asset methodology for                           15, 1984, the Office of Management and                reports (providing appraisal report), 3
                                                subsidiaries subject to risk-based capital               Budget (OMB) delegated to the Board                   hours; Self-testing: Record retention—
                                                rules, plus the assets of all branches,                  authority under the Paperwork                         incentives, 2 hours; Self-testing: Record
                                                agencies, and nonbank subsidiaries,                      Reduction Act (PRA) to approve of and                 retention—self-correction, 8 hours; and
                                                calculated in accordance with                            assign OMB control numbers to                         Self-testing: Record retention—rules
                                                applicable accounting standards.                         collection of information requests and                concerning requests for information
                                                Liabilities attributable to the U.S.                     requirements conducted or sponsored                   (disclosure for optional self-test), 3.5
                                                operations of a foreign financial                        by the Board. Board-approved                          hours.
                                                company that is not a foreign banking                    collections of information are                           Estimated annual burden hours:
                                                organization are calculated in a similar                 incorporated into the official OMB                    Notifications, 68,976 hours; Furnishing
                                                manner to the method described for                       inventory of currently approved                       of credit information, 28,740 hours;
                                                foreign banking organizations, but                       collections of information. Copies of the             Record retention (applications, actions,
                                                liabilities of a U.S. subsidiary not                     Paperwork Reduction Act Submission,                   and prescreened solicitations), 7,664
                                                subject to risk-based capital rules are                  supporting statements and approved                    hours; Information for monitoring
                                                calculated based on the U.S.                             collection of information instrument(s)               purposes, 2,874 hours; Rules on
                                                subsidiary’s liabilities under applicable                are placed into OMB’s public docket                   providing appraisal reports (providing
                                                accounting standards. The Federal                        files. The Board may not conduct or                   appraisal report), 34,488 hours; Self-
                                                Reserve used information collected on                    sponsor, and the respondent is not                    testing: Record retention—incentives,
                                                the Capital and Asset Report for Foreign                 required to respond to, an information                184 hours; Self-testing: Record
                                                Banking Organizations (FR Y–7Q), the                     collection that has been extended,                    retention—self-correction, 184 hours;
                                                FR Y–9C and the FR XX–1 to calculate                     revised, or implemented on or after                   and Self-testing: Record retention—rules
                                                liabilities of these institutions.                       October 1, 1995, unless it displays a                 concerning requests for information
                                                  By order of the Board of Governors of the              currently valid OMB control number.                   (disclosure for optional self-test), 3,864
                                                Federal Reserve System, acting through the                  Final approval under OMB delegated                 hours.
                                                Director of Supervision and Regulation under             authority of the extension for three                     General description of report: The
                                                delegated authority, June 27, 2018.                      years, without revision, of the following             Equal Credit Opportunity Act (ECOA)
                                                Ann Misback,                                             report:                                               was enacted in 1974 and is
                                                Secretary of the Board.                                     Report title: Recordkeeping and                    implemented by the CFPB’s Regulation
                                                [FR Doc. 2018–14241 Filed 7–2–18; 8:45 am]               Disclosure Requirements Associated                    B for institutions the Board supervises.1
                                                                                                         with Consumer Financial Protection                    The ECOA prohibits discrimination in
                                                BILLING CODE P
                                                                                                         Bureau’s (CFPB) Regulation B (Equal                   any aspect of a credit transaction
                                                                                                         Credit Opportunity Act).                              because of race, color, religion, national
                                                FEDERAL RESERVE SYSTEM                                      Agency form number: FR B.                          origin, sex, marital status, age (provided
                                                                                                            OMB control number: 7100–0201.                     the applicant has the capacity to
                                                Agency Information Collection                               Frequency: Monthly; annually.                      contract), or other specified bases
                                                Activities: Announcement of Board                           Respondents: State member banks;                   (receipt of public assistance, or the fact
                                                Approval Under Delegated Authority                       subsidiaries of state member banks;                   that the applicant has in good faith
                                                and Submission to OMB                                    subsidiaries of bank holding companies;               exercised any right under the Consumer
                                                                                                         U.S. branches and agencies of foreign                 Credit Protection Act (15 U.S.C. 1600 et
                                                AGENCY:  Board of Governors of the                       banks (other than federal branches,                   seq.)). To aid in implementation of this
                                                Federal Reserve System.                                  federal agencies, and insured state                   prohibition, the statute and regulation
                                                SUMMARY: The Board of Governors of the                   branches of foreign banks); commercial                subject creditors to various mandatory
                                                Federal Reserve System (Board) is                        lending companies owned or controlled                 disclosure requirements, notification
                                                adopting a proposal to extend for three                  by foreign banks; and organizations                   provisions informing applicants of
                                                years, without revision, Recordkeeping                   operating under section 25 or 25A of the              action taken on the credit application,
                                                and Disclosure Requirements                              Federal Reserve Act (12 U.S.C. 601–                   provision of appraisal reports in
                                                Associated with Consumer Financial                       604a; 611–631).                                       connection with mortgages, credit
                                                Protection Bureau’s (CFPB) Regulation B                     Estimated number of respondents:                   history reporting, monitoring rules, and
                                                (Equal Credit Opportunity Act) (FR B;                    Notifications, furnishing of credit                   recordkeeping requirements. These
                                                OMB No. 7100–0201).                                      information, record retention                         requirements are triggered by specific
                                                FOR FURTHER INFORMATION CONTACT:                         (applications, actions, and prescreened               events and disclosures must be
                                                Federal Reserve Board Clearance                          solicitations), information for                       provided within the time periods
                                                Officer—Nuha Elmaghrabi—Office of                        monitoring purposes, and rules on                     established by the statute and
                                                the Chief Data Officer, Board of                         providing appraisal reports (providing                regulation.
                                                Governors of the Federal Reserve                         appraisal report), 958 respondents; Self-                Legal authorization and
                                                System, Washington, DC 20551 (202)                       testing: Record retention—incentives, 92              confidentiality: The CFPB is authorized
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                                                452–3829. Telecommunications Device                      respondents; Self-testing: Record                     to issue its Regulation B pursuant to its
                                                for the Deaf (TDD) users may contact                     retention—self-correction, 23                         authority to prescribe regulations to
                                                (202) 263–4869, Board of Governors of                    respondents; and Self-testing: Record                 carry out the purposes of ECOA (15
                                                the Federal Reserve System,                              retention—rules concerning requests for               U.S.C. 1691b). The obligation to comply
                                                Washington, DC 20551.                                    information (disclosure for optional self-            with the recordkeeping and disclosure
                                                  OMB Desk Officer—Shagufta                              test), 92 respondents.
                                                Ahmed—Office of Information and                             Estimated average hours per response:                1 15 U.S.C. 1691. The CFPB’s Regulation B is

                                                Regulatory Affairs, Office of                            Notifications, 6 hours; Furnishing of                 located at 12 CFR part 1002.



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Document Created: 2018-07-02 23:56:00
Document Modified: 2018-07-02 23:56:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactSean Healey, Supervisory Financial Analyst, (202) 912-4611; Matthew Suntag, Counsel, (202) 452-3694; for the hearing impaired, TTY (202) 263-4869.
FR Citation83 FR 31148 

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